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HomeMy WebLinkAboutCover MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: The Honorable r and Membeof the City Commission FROM: Jorge L. Fernan% - 4� *y Att• e" DATE: October 13, RE: Proposed ttlement City Commission Agenda -October 26, 2006 Candice Miller vs. City of Miami, Case No. 02-4760 CA (22) (File No. 06-01797) The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami in the above -referenced case, in the amount of $70,000. This is a personal injury action arising out of a June 13, 2001 automobile accident involving a City police car. On May 11, 2006, the liability portion of this lawsuit was tried before Circuit Judge David Miller who determined that the City was 95% at fault for the accident, and the Plaintiff was 5% at fault. Plaintiff claimed an aggravation of a pre-existing back problem as a result of the accident which caused her to undergo two surgeries on her back. The parties agreed to settle this matter prior to a jury trial on causation and damages. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the amount of $70,000 are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 05002.301001.545000.0000.00000. Attachment(s) c: Pedro G. Hernandez, City Manager Elvi G. Alonso, Agenda Coordinator Enclosure(s) 52837